Sacramento Drug Attorney


Prop 36

Limitations and Exclusions on Prop 36



Narcotics and controlled substance cases outnumber any other type of case in Northern California courts and a key point of analysis for any Sacramento drug lawyer. They are prosecuted as misdemeanors and felonies and in rare instances even as infractions.

Among narcotics cases the most common type is possession of narcotics or controlled substances. More often than not, these cases involve small amounts of narcotics that law enforcement claims to have found in a person's clothing or in their vehicle.

The second largest group of narcotic cases is sales cases. Sales of drugs or possessing drugs with intent to sell both fall under this category. Commonly, in a sales case, law enforcement will allege that the accused either sold to an undercover officer or a sale of narcotics was observed between the accused and another person. Undercover cases are often referred to as undercover buy operations by the State and your Sacramento drug attorney.

Possession of narcotics with intent to sell often involves an allegation that a larger amount of narcotics was found together with some indicia of sales. According to law enforcement, many things qualify as "indicia of sales" such as: having a cellular phone, having cash, having a list with names and numbers, having numerous people stop by the house for short periods of time, having cash but not having a job, and many others. The manner in which the narcotics were packaged also plays a role in whether the police believe that there was intent to sell and how your Sacramento drug lawyer will handle the case.



Prop 36

The court system has come to recognize that punishment without attempts at rehabilitation is fruitless when it comes to drug cases. In the year 2000 the Substance Abuse and Crime Prevention Act was passed. This is commonly known as Proposition 36 or Prop 36.

Proposition 36 mandates probation and drug treatment for people convicted of nonviolent drug possession offenses. Offenses that qualify as nonviolent drug possession include: personal use, possession for personal use and transportation for personal use. The drugs involved may be: heroin, LSD, cocaine base or crack cocaine, marijuana, opium, cocaine powder, methamphetamine or meth, PCP, methadone, and Khat.



Limitations and Exclusions on Prop 36

There are many limitations and exclusions on Prop 36:

  • It is not available if the accused has a prior strike conviction unless 5 years have passed since the strike conviction. During those 5 years there must be no new prison commitments or convictions of non-drug felonies or violent misdemeanors
  • It is not available if there is another non-drug misdemeanor or felony conviction in the same case
  • It is not available if the accused while using a firearm, possessed or was under the influence of certain drugs
  • It is not available if the accused refuses to participate in drug treatment as a term of his or her probation
  • It is not available if the accused has participated in two or more separate courses of treatment and whom the court declared not amenable to drug treatment.

If the accused successfully completes the Prop 36 drug treatment program, the original charge will be dismissed.

For first time offenders, the court may grant a diversion program. A diversion drug program is similar in nature but less rigorous and demanding then the Prop 36 program. Ask your Sacramento drug lawyer about the diversion program.

Contact us today to discuss your eligibility for the Prop 36 or diversion drug programs. We are able to represent you with the highest degree of knowledge and competence. At Bonilla & Cintean, LLP. we work hard to obtain a favorable result. This involves using some of the best investigators as well as narcotic experts.

The Sacramento Attorneys of the Law firm Bonilla & Cintean LLP, are here to help when you are faced with criminal charges. The two Sacramento Lawyers know how to fight for your rights and negotiate with prosecutors to obtain the best possible result, whether it is for Sacramento criminal defense, Sacramento DUI Defense, Sacramento expungement, or as a Sacramento drug lawyer. Consultations with these Sacramento attorneys are free and are available 24 hours per day.